WRIGHT— POWER TO MEET RESPONSIBILITIES. 255 



minated ^- and acts of Congress for the restoration of captured 

 prizes,^^ for the imposition of discriminatory tarififs or import pro- 

 hibitions" and for levying tonnage duties^'^ and for prohibiting 

 ahen landholding in the territories and the District of Columbia^® 

 were not to apply in conflict with existing treaties. 



loi. Checks upon Congressional Disregard of International Law. 



Although disregard of international law and treaty by Congress 

 is prevented primarily by that body's own sense of international re- 

 sponsibility, the Constitution does provide certain checks against 

 such disregard. The treaty-making power may conclude a treaty or 

 provide for an arbitration either of which would supersede an ear- 

 lier act of Congress. Thus the act of Congress of 1889 as judi- 

 cially interpreted extended American jurisdiction in Behring Sea, 

 one hundred Italian miles from shore, in disregard of the principle 

 of international law limiting maritime jurisdiction to the marine 

 league. This act was held to be superseded by the arbitration based 

 on a treaty with Great Britain of 1892.^'^ 



The President's veto has proved a check upon congressional dis- 

 regard of international responsibilities. Since the President feels 

 the pressure of foreign nations he is likely to be more sensitive to 

 violations of international law than the houses of Congress. Thus 

 President Hayes vetoed the first Chinese exclusion bill as in viola- 

 tion of the Burlingame treaty of 1868. After explaining some con- 

 stitutional objections to the act he referred to the " more general 

 considerations of interest and duty which sacredly guard the faith 

 of the nation, in whatever form of obligation it may have been 

 given," and concluded " in asking the renewed attention of Congress 

 to this bill, I am persuadad that their action will maintain the public 



12 Act March 4, 1915, 38 Stat. 1184, sees. 16, 17; Comp. Stat., sec. 

 8382a. b. 



13 Re\-. Stat., sec. 4652 ; Comp. Stat., sec. 8426. 



1* Underwood tariflF, Oct. 3, 1913, sec. IV, j, sub. sees, i, 2, 7; 38 Stat. 

 195, 196; Comp. Stat., 5305, 5306, 531 1. According to sec. IV, b, 38 Stat. IQ2, 

 the Cuban reciprocity treaty of 1902 was unaffected by the tariff. 



15 Rev. Stat., sec. 4227 ; Comp. Stat., sec. 7820. 



16 Act March 3, 1887, 24 Stat. 476, March 2, 1B97, 29 Stat. 618, Comp. 

 Stat., sees. 3490, 3498. 



"La Ninfa, 75 Fed. 513, 1896. 



